Suit against city ends after years of wrangling
by The Cadiz Record
Mar 12, 2008 | 0 0 comments | 1 1 recommendations | email to a friend | print
Circuit Judge Woody Woodall ended a lengthy lawsuit against the city recently when he ruled the City of Cadiz was not liable to pay a defendant’s attorney fees. Instead, Woodall said in his ruling, the funds must come from an escrow account set up to pay homeowners in three subdivisions, which had successfully won a legal battle over annexation.

“The Trigg County Circuit Clerk will then distribute the remaining funds as determined by Plaintiffs in order (to) close out the account and close this case,” was the final statement of the judge’s order.

Woodall’s final action in the matter dealt with a class action suit requesting that attorney fees be paid by the defendant in the case, the City of Cadiz.

The original annexation suit, which began more than six years ago, has cost city taxpayers more than $250,000 in court decision. In addition to rulings ordering the repayment of back taxes in the issue, the city also lost three of its most affluent subdivisions when the courts ordered Apache Heights, Wyandot, and Cherokee Hills to be de-annexed from the city due to illegal actions by the city in the original annexation process in 1998.

Homeowners in Wyandot have since voted to have the city annex them and bring them back within the city limits.

The original suit was brought by homeowners in the subdivisions after the city’s mayor and council members indicated they would not maintain streets in the subdivisions. City officials said that although Cadiz had annexed the property, it had not yet approved the streets and therefore were not responsible for their maintenance.

Residents of the area had requested the city maintain the streets for more than a year prior to the suit for deannexation being filed.

Read the full version of this story on Page 5A of The Cadiz Record.
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